Todd v. Doremus
New York Supreme Court
Appeal from Hew York county court. Action by James W. Todd against Morton R. Doremus. From a judgment of the county court, reversing a judgment rendered by a justice of the peace, plaintiff appeals. Code Civil Proc. FT. Y. § 2934, provides as follows: “At the place and within one hour after the time specified in the summons for the return thereof, * * * the pleadings'of the parties must be made, and issue must be joined.
Read the full summary
Appeal from Hew York county court. Action by James W. Todd against Morton R. Doremus. From a judgment of the county court, reversing a judgment rendered by a justice of the peace, plaintiff appeals. Code Civil Proc. FT. Y. § 2934, provides as follows: “At the place and within one hour after the time specified in the summons for the return thereof, * * * the pleadings'of the parties must be made, and issue must be joined. Whore both of the parties appear upon the return of the summons, an issue must be joined before an adjournment is had, except when the defendant refuses or neglects to plead.”
1Opinion of the CourtBarnard, P. J.
The plaintiff is an assignee of a claim for goods sold by J. H. & N. H. Martin to the defendant." He procured a summons from a justice of the peace returnable on the 5th of January, 1891. At the return-day the plaintiff did not appear, but sent word that he desired an adjournment until some later period. The defendant appeared by counsel, and asked to dismiss the proceedings, because the plaintiff had failed to appear. This application was denied, and the case was adjourned, “on motion of thecourt,” until the 12th of January, 1891, at which day the plaintiff proved his case, and took…
2Cases cited2 opinions
- Wilcox v. ClementNew York Supreme Court · 1847
- Duel v. SykesNew York Supreme Court · 1891
3Cited by3 opinions
- Peterson v. FeelyMontana Supreme Court · 1930
- Stoner v. Oneida Motor Car Co., New York County Courts1934
- Sherer v. CannonNew York County Court, Steuben County · 1907